HomeMy WebLinkAboutLegal Document - 476 GREAT POND ROAD 11/25/1985 November 25, 1985
4301M
CONSERVATION RESTRICTION
Penelope P. Saxe of Newton, Middlesex County, Massachusetts
(hereinafter called "the Grantor" ) in consideration of one ,
dollar and other good and valuable consideration, hereby
grants , in perpetuity, without covenants to the Essex County
Greenbelt Association, Inc . , Essex County, Massachusetts
(hereinafter called "the Grantee" ) , a non-profit charitable
corporation duly organized and incorporated under the laws of
this Commonwealth, a Conservation Restriction pursuant to the
provisions of Massachusetts General Laws Chapter 184 , Sections
31 through 33 , as hereinafter specified, with respect to a
certain parcel of registered land located in the Town of North
Andover, bounded and described as follows ;
S A certain parcel of land, lying along Great Pond Road,
containing 3 . 03 acres+, consisting of "Restriction Area
3 ,r, � 3A" containing 58, 005 S .F+, "Restriction Area 4A"
z V) ° c o w containing 27, 195 S . F. + and "Restriction Area 4B"
a containing 46, 785 S . F .+ (collectively hereinafter referred
o to as the "Restriction Area" ) as shown on a plan entitled
CD �
m "Plan Of Land In North Andover , Mass . " , scale 1" = 40 ' ,
dated October 3 , 1985 , drawn by Dana F. Perkins and Assoc .
LO CD W a o Inc . , and filed with the Land Registration Office as Land
CU Court Plan No . 25594B (hereinafter referred to as "the
o a Plan" ) .
For Grantor ' s title to said Restriction Area, see Land Court
Certificate of Title No . 9460 registered in Book 65 , Page 245 in
Essex North Registry District of the Land Court .
Whereas retention of the Restriction Area in its existing
natural and open condition will protect and preserve the watershed
of Lake Cochichewick -- the primary source of public drinking water
supply for the Town of North Andover -- in conformance with the
purposes of the Watershed Zoning District set forth in the Town of
North Andover Zoning By Law and in conformance with the Water
Supply Management Policies set forth in the Massachusetts Water
Supply Policy Statement;
Whereas retention of the Restriction Area in its existing
natural and open condition will protect and preserve scenic views ,
enjoyable by the general public, of and from Lake Cochichewick, its
shores and Great Pond Road, which areas are designated as
"distinctive" and "noteworthy" landscapes under the Massachusetts
Landscape Inventory;
Therefore, in order to retain the Restriction Area in
perpetuity in its existing natural and open condition, the terms of
this Conservation Restriction are as follows :
( 1) Except as hereinafter otherwise provided, the Grantor, and
her hiers and assigns , shall neither perform nor permit others to
perform any of the following acts within the Restriction Area:
(a) No building, sign, outdoor advertising display, mobile
home, utility pole or other temporary or permanent structure or
impervious surface shall be constructed, placed or permitted to
remain on the Restriction Area;
(b) No soil , loam, peat, gravel , sand, rock, or other mineral
substance, refuse, trash, vehicle bodies or parts , rubbish,
debris, junk, waste or unsightly or offensive material shall be
placed, stored or dumped upon the Restriction Area;
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(c) No loam, peat , gravel , sand, rock, or other mineral
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resource or natural deposit shall be excavated or removed from
the Restriction Area in such a manner as to affect the surface
thereof;
--(d) No trees or other vegetation upon the Restriction Area
shall be cut or otherwise destroyed; and
(e) No activity detrimental to surface water drainage, ground
water recharge, erosion control , soil conservation or the
natural condition of the Restriction Area shall be conducted or
permitted.
(2) Notwithstanding anything contained in Paragraph (1 ) above,
the grantor reserves to herself , and her biers and assigns the
right to conduct or permit any of the following activities within
the Restriction Area, subject to all applicable laws then in effect :
(a) The establishment of foot trails and paths, provided the
surface thereof is not paved or otherwise rendered impervious;
(b) Activities and improvements designed to enhance the
ecological , natural or historical value of the Restriction
Area, including but not limited to bird houses , duck boxes and
deer feeding stations, but excluding any building, barn, shed
or like structure which would obstruct or otherwise impair the
scenic view available to the general public;
(c) The installation, maintenance, replacement and use of
j' underground utilities , pipes, mains , conduits, wires and
I appurtenances thereto for the transmission of water , sewage,
gas , telephone and electricity, and also subsurface sewage
disposal facilities including leaching fields and other
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appurtenances thereto, together with the right to carry out all
necessary excavation, filling, sloping and other improvements
as may be reasonably necessary in the exercise of the foregoing
rights provided, that the surface of the Restriction Area shall
be restored under the circumstances to reasonably the same
condition that it was in prior to the disturbance thereof upon
completion of any of the above-described work, and provided
further, that in the event a municipal sanitary sewer is
installed in that portion of Great Pond Road on which the
Grantor ' s land has frontage, the use of any subsurface sewage
leaching field or portion thereof which may be located within
the Restriction Area shall be discontinued within a reasonable
time after said sewer is installed and connection therewith
becomes available;
(d) The maintenance of the Restriction Area including, without
limitation, the planting and periodic cutting of grass , and the
planting, selective cutting and pruning and periodic mulching
with organic matter of trees, shrubs, brush or other vegetation
to improve the scenic view and to implement disease prevention
measures, provided all such cut vegetation shall be removed
promptly from the Restriction Area;
(e) The installation and maintenance of a fence ( i) along
Great Pond Road, (ii) along the boundary between Restriction
Area 3A and Restriction Area 4A, and (iii) with,in Restriction
Area 4B, provided that any such fence shall not exceed four
feet in height, shall be constructed only of wood, stone or
other natural material, and shall, if more than two feet in
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} height, be of a split rail or other sight—pervious design such
that the view of Lake Cochichewick available to persons passing
by foot or automobile on Great Pond Road is preserved to the
maximum extent possible;
(f) The placement and use, on a temporary basis, within
Restriction Area 4B only, of apparatus and structures accessory
to equestrian and other recreational activities, provided that
such apparatus or structures do not constitute a building, and
provided further that such apparatus and structures are removed
promptly and completely from Restriction Area 4B upon the
cessation of the activities to which they are accessory; and
(g) Such other activities requested by the Grantor and
expressly consented to by the Grantee as are consistent with
the purposes of this Conservation Restriction.
This Conservation Restriction does not grant to the Grantee or
to the public any right to enter upon the Restriction Area, except
that the Grantor hereby grants to the Grantee an easement of
access, at reasonable times and after prior notice to the Grantor
or her successors and assigns, for the purpose of inspecting the
Restriction Area in order to insure compliance with the foregoing
restrictions and to prevent, abate or remedy any violation
thereof . The right hereby granted shall be in addition to any
other remedies available to the Grantee for the enforcement of the
foregoing restrictions .
This Conservation Restriction shall be binding upon and may be
enforced against the Grantor and her hiers and assigns by the
Grantee and its duly designated officers, directors, members, fie►
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employees or agents as holders of this Conservation Restriction,
and all references herein to the Grantor and Grantee shall include
This
references to their respective biers, successors and assigns • u of
Conservation Restriction shall be in addition to and not in lie
d. Interpretations of
Y
an other restrictions or easements of recor
the meaning
of this Conservation Restriction or any portions hereof
made in good faith by the Grantee shall be conclusive.
Nothing herein shall impose upon the Grantee any duty to
maintain or require that the Restriction Area be maintained in any
particular state or condition, notwithstanding its acceptance
hereof . In the event secondary tree growth or other advanced form
of natural vegetative succession replaces the grass meadow
presently existing upon the Restriction Area, the Grantee may,
after P rior notice to and approval by the Grantor or her heirs ,
successors or assigns , enter upon the Restriction Area for the.
purpose of clearing said secondary growth and restoring said grass
meadow.
Neither the Grantee nor any successor or assign of the Grantee
shall transfer this Conservation Restriction unless such transfer
of
requires the transferee to continue to carry out the purposes
this Conservation Restriction and to continue to comply with all
provisions of this Conservation Restriction.
This Conservation Restriction may
be registered prior to
approval thereof by the Selectmen of the Town of North Andover or
the Secretary
of Environmental Affairs or both and, if it is so
registered, shall be reregistered when such approvals have been
r
s shall be effective as of and shall relat
obtained. Such approval
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back to the date of acceptance of this Conservation Restriction by
the Grantee.
No deed excise stamps are required for the registration of this
document.
WITNESS the execution hereof as an instrument under seal this
N,
day of 1985 .
� S
Penelope P. Aaxe
COMMONWEALTH OF MASSACHUSETTS
County of ss . A10 ✓ 1985
Then personally appeared the above-named Penelope P. Saxe
and acknowledged the foregoing to be her free act and deed, 1 .
before me,
. r
Notary Public �� . �• ,
My Commission expires : 16115-1, 7
S,
ACCEPTANCE OF CONSERVATION RESTRICTION
The terms of the above Conservation Restriction are hereby
accepted and agreed to . .
x President, sex County
Greenbelt Association, Inc . ,
duly authorized
Date: //cy- / ��L r- ,
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APPROVAL BY SELECTMEN
We, the undersigned Board of Selectmen of the Town of North
Andover, hereby certify that the foregoing Conservation
Restriction under G.L. Chapter 184 , Section 32 is approved.
This Approval shall be effective as of and relate back to the
date of acceptance of this Conservation Restriction by the
Grantee.
A Majority of the
Board of Selectmen, Town of
North Andover , Massachusetts
Date:
APPROVAL BY THE SECRETARY OF ENVIRONMENTAL AFFAIRS
The Secretary of the Executive Office of Environmental Affairs,
Commonwealth of Massachusetts, hereby certifies that the
! foregoing Conservation Restriction under G.L. Ch. 184, Sec . 32
is approved. This Approval shall be effective as of and relate
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k
tance of this Conservation Restriction
back to the date of accep
by the Grantee.
S r ary, 'Exe u 'v ffice
Of nvironmen al Af airs
Date: 5
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Drawn By: Christiansen & Sergi
160 Summer Street
Haverhill, MA 10830
Dated: August 23 , 1992
Final Revision:
2 . The Order of Conditions issued by the North Andover
Conservation Commission, File # 242-620, Shall be considered
as part of this decision.
3 . The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
4 . Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
5. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
6. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
Q7)- Prior to a Certificate of Occupancy being issued for any
structures, this site shall have received all necessary
permits and approvals from the North Andover Board of
Health. (See letter dated 9/25/92)
8. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
9 . Any alteration to the approved plans as referenced in
condition one (1) shall be submitted to the Planning Board
as a modification to this approval .
/10.'I The applicant shall be required to tie into the existing
sewer system located within Great Pond Road. The existing
Municipal Sewer System is located approximately 480 '
Southwest of the property within the Great Pond Road Right
of Way.
11. Prior to the issuance of a Building Permit the applicant
shall be required to provide or conform to the following:
A. The Division of Public Works shall review and approve
the 'proposed sewer line tie-in;
B. The applicant shall receive a written determination
from the Conservation Administrator that all work being
done under the jurisdiction of the Conservation
Commission is being satisfactorily performed and
maintained.
C. All catch basins shall be protected and maintained with
hay bales to prevent siltation into the drain lines
during construction.
12 . Prior to a Certificate of Occupancy being issued for the
proposed structure the applicant shall provide or complete
the following:
a, A.) Construction of the proposed sewer line connection as
` -' reviewed and approved by the Division of Public Works;
B. The applicant shall receive a written determination
from the Conservation Administrator that all work being
done under the jurisdiction of the Conservation
Commission is being satisfactorily performed and
maintained.
C. All disturbed area shall be regraded and properly
stabilized.
cc: Director of Public Works
Building Inspector
Health Agent/Administrator
Assessors
Conservation Administrator
Police Chief
Fire Chief
Applicant
Engineer
File